When Florida businesses, business owners, or other parties take legal action against individuals or businesses that caused them harm, they often seek monetary damages. In some cases, though, money is not sufficient to compensate victims for their losses. In such an instance, they may request injunctive relief.
Injunctive relief is a legal remedy that forces a party to act in a specific way or forbids them from engaging in certain activities. Courts can use injunctive relief (or injunctions) to force people to:
- Abide by the conditions of their non-compete agreements
- Return unique or valuable items to their rightful owner
- Avoid visiting another party’s residence or place of business
- Demolish or modify an unauthorized building or structure, or
- Refrain from using another party’s intellectual property
In the state of Florida, there are three main types of injunctive relief. They are:
1. Ex Parte Temporary Injunctions
Ex parte temporary injunctions are available to litigants for immediate, short-term injunctive relief. These orders are entered by a judge without notice to the opposing party, without a hearing, and upon review of the moving party’s motion and accompanying submissions. An ex parte temporary injunction is granted where the risk of harm is great and to ensure litigants don’t suffer irreparable or significant losses before a formal hearing on a temporary injunction can take place.
Ex parte temporary injunctions are rarely granted and the moving party’s burden is very high. When issued, ex parte temporary injunctions are usually in effect until the Court can schedule an evidentiary hearing on entering a temporary injunction with all parties available to present evidence.
2. Temporary Injunctions
Florida judges issue temporary injunctions during the course of litigation to prevent parties from engaging in certain activities while their dispute is making its way through the court system. Temporary injunctions are issued after an evidentiary hearing – a “mini trial” – where both sides get to present evidence and argument regarding the issuance of the temporary injunction. In the State of Florida, temporary injunctions generally remain in full effect until a court declares its final judgment.
3. Permanent Injunctions
Once a court hears a case and makes its final ruling, it can issue a permanent injunction. These types of injunctions permanently prevent a party from engaging in damaging behavior.
If a party wishes to terminate a permanent injunction at a later date, they must generally file a motion to dissolve the injunction and prove that the circumstances that supported the issuance of the injunction no longer exist.
Does Your Business Need Help Seeking or Preventing Injunctive Relief? Contact the Business Attorneys at The Frazer Firm Today!
The business litigation attorneys at The Frazer Firm have experience helping Florida businesses and business owners obtain (and defend against) injunctive relief. We have a deep understanding of the law, and we know how to efficiently and aggressively protect your business interests. If you would like to have a member of our team go to work for you, please call us at (561) 295-1551 to set up a consultation at our Jupiter law offices.
Even the most carefully managed businesses face legal risks that could potentially lead to significant financial losses. As an astute…